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23 Geo. J. Legal Ethics 733 (2010)
Removing Conscience from Medicine: Turning the Hippocratic Oath into a Hypocrite's Pledge

handle is hein.journals/geojlege23 and id is 741 raw text is: Removing Conscience from Medicine: Turning the Hippocratic Oath into a Hypocrite's Pledge MAYA M. NORONHA* While we are contending for our own liberty, we should be very cautious not to violate the rights of conscience in others...t INTRODUCTION On May 24, 2009, nurse Catherine Cenzon-DeCarlo was told by Mount Sinai Hospital that if she did not participate in a second trimester abortion, she would be charged with insubordination and patient abandonment, involving disciplinary action with the possibility of the loss of her job and nursing license.2 Cenzon-DeCarlo, who had previously informed the hospital of her religious objections to abortion, participated in the procedure and subsequently had nightmares about children in distress, lost sleep, and suffered in her personal and religious relationships because of being forced to assist in an abortion. A suit was filed on behalf of Cenzon-DeCarlo, claiming that the Church Amendment, a federal law protecting conscience rights, was violated.4 On January 15, 2010, the district court dismissed her case, on the basis that there is no basis for implying a * J.D., Georgetown University Law Center (expected Feb. 2011); A.B., Georgetown University (2005). I would like to thank Nicole Lancia, Megan Vetula, Matthew Rich, Tonio DeSorrento, Sean Murphy, Tyler Mark, Paula Stannard, Dr. Tessa Cook, and Dr. George Isajiw for their comments. I would also like to offer my gratitude to my family for teaching me about the importance of a good conscience. 1. George Washington, Letter to Colonel Benedict Arnold, University of Virginia Library, http:// etext.virginia.edu/etcbin/toccer-new2?id =WasFio3.xml&images = images/modeng&data=/textslenglish/mod- eng/parsed&tag=public&part=346&division=divl. (last visited Mar. 15, 2010). 2. Alliance Defense Fund, Cenzon-DeCarlo Fact Sheet, http://www.telladf.org/UserDocs/Cenzon- DeCarloFactSheet.pdf (last visited Mar. 15, 2010). 3. Alliance Defense Fund, Cenzon-DeCarlo Complaint, http://www.telladf.orgfUserDocs/ Cenzon-DeCarloComplaint.pdf (last visited Mar. 15, 2010). 4. NY nurse threatened, forced to assist in late-term abortion. Alliance Defense Fund News Release, July 22, 2009, http://www.adfmedia.org/News/PRDetail/2694 (last visited Mar. 15, 2010). Cenzon-DeCarlo's situation is not unique. See, e.g., Vandersand v. Wal-Mart Stores, Inc., 525 E Supp. 2d 1052 (C.D. 111. July 31, 2007) (a pharmacist was placed on unpaid leave after objecting to dispensing emergency contraception); Kenny v. Ambulatory Ctr. of Miami, Inc., 400 So. 2d 1262 (Fla. Dist. Ct. App. 1981) (nurse who refused to assist in abortions was asked to resign and was placed on part-time status). For more instances of health care providers with conscientious objections, see Comments of the American Center for Law and Justice on the Provider Conscience Regulation Rescission Proposal (Mar. 19, 2009), http://www.aclj.org/media/pdf/ ACLJOppositiontoHHSRescissionProposal.pdf (listing cases the American Center for Law and Justice has litigated for individuals demoted or terminated on account of their conscience) (last visited Mar. 15, 2010); Rob Stein, For Some There Is No Choice, WASH. POST, July 16, 2006, at A06.

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